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insurance

yes and no. im not going to say what i think, but the majority that go by tradition and rules will say yes 100% lol

 
Yes, and if he's using your equipment I think you'll find that the inland revenue class him as being employed by you as well

 
cant you do it that hes gotta insure himself and you pay him a wage. thats how my uncle has to do it with his gardening. the bloke he works for wont insure workers. they have to do themselves. even do there own books etc.

 
He can be a can sub contractor to you but in order to do that he has to have his own business which is trading with other people as well as you and he has to have all his own tools to do the job, otherwise he's employed by you

 
cant you do it that hes gotta insure himself and you pay him a wage. thats how my uncle has to do it with his gardening. the bloke he works for wont insure workers. they have to do themselves. even do there own books etc.
As a law student you should be all over this.

The law states that if you an employee you have to by law have employee liability insurance.

Regardless of how you try to term the contract. If the majority of the work they do is for you then they are an employee.

 
As a law student you should be all over this.
The law states that if you an employee you have to by law have employee liability insurance.

Regardless of how you try to term the contract. If the majority of the work they do is for you then they are an employee.
True! If I'm not mistaken, you need ELI even for subcontractors too, either way you need it!!

 
If he is sub-contracted you still need insurance and your public liability can cover this, but if you have proof of his own liability insurance then you are covered.

 
If he is sub-contracted you still need insurance and your public liability can cover this, but if you have proof of his own liability insurance then you are covered.
Not quite and here's the kicker.

If something goes wrong yhe customer does not sue him, they do not sue your 'sub contractor' they sue the company (or person) hired to do the work and that's you.

If he screws up and the customer makes a claim against you, when you go to his insurance to claim they are going to laugh at you and hang up.

Your basing all your arguments on motor insurance. I have fully comp and so does my mate so that covers me 3rd party to drive his car etc etc..... empoyee liability works nothing like that.

If you have ANYONE working for you on ANYONE elses property - regardless of how you word their employment contract then you are legally responsible.

However don't worry about it. Don't bother paying that £10 per month, why would you when you're only doing £300 per day? You're employee will never drop you in it, he gave you his word as a mate down the pub.

 
My public liability has a clause that allows upto four sub contractors to work for me. Does that exempt me from having employees liability for these four who knows ? Insurance company say I'm ok, but I'm talking to the sales dept I suppose we'll only know when one of them drops a pole on some customers car. At present this is all hyperthetical but when it comes the time that I need to sub work out I think I'll just buy some E.l.

 
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